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CIT Bank, NA (Kyocera Copier in General Services)_ease Ag•eement Number: _ Lease Agreement This Lease .Agreement (the "Lease") contains the terms of your agreement with us. Please read it carefully and ask us any q:;estio.-is yon may :iave The words you, your and lessee mean you. aur customer. The words we, us. our and the lessor, mean CIT Bank, N.A. Equipment Description Quantity Description 1_ Kyocera TA3553ci Fnr additional equipment and accessories. attach addendum. - - - Equipment Supplier Name, Address and Phone: End of Lease Purchase Option if no box is checked nr if more than one box is checked, the Fair Market Value Purchase Option will apply. Fair Market Value ❑ S1.00 Purchase Option ❑ Other _ Term and Lease Lease Payment $227.58 (plus taxes, if applicable) Term (Months) 60 Payment Frequency Monthly Variable Payment Schedule if applicable: (Attach "Payment Schedule Addendum" if necessary) _ payments @ _; followed by _ payments @ _ followed by _, payments @ _: followed by _ payments @ followed by — @ _ Payments are due in Advance The following additional payments are due on the date you sign this agreement: One-time Documentation Fee $75_00 Payable with First Invoice Advanced Payment $_ due at Lease signing (including taxes, it applicable) If more than one Lease Payment is required in advance, the additional amount will be applied at the end of the initial or any renewal term. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING ANEW ACCOUNT: To help the government fight the funding of terrcrisre and money laundering activites, =cdcra 1 law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for (i) if you are a legal entity, your name, address, and other informat on that will allow us to identify you; (ii) if you are an individual, your name, address, and date of birth. Wr may also a;k to see your driver's license or other Identifying dccuments. i LESSOR: CIT Bank, N.A. 10201 Centurion Parkway N. #100 Jacksonville. FL 32256 �Yn� CAC, (A1A. +c_ Authorized fj' nature II Date Signed P i ( ted N me 'I I V r ! Print Title Equipment Address 55 SE 3rd Avenue Okeechobee, FL 34972 Lessee City of Okeechobee Lessee Legal Name City of Okeechobee Lessee -Doing Business As" Name 55 SE 31d Av Bilkng Street Address Okeechobee, FL 34972 Billing City. State. Zip Patty Burnette Billing Contact Name & Phone No, 863-763-3372 Lessee Phone Number (if different from above) TERMS AND CONDITIONS BY SIGNING THIS LEASE: (i) You acknowledge that you have read and understand the terms and conditions of this Lease including those on page 2 of this Lease; (ii) You agree that this Lease is a net lease that you cannot terminate or cancel, you have an unconditional obligation to make all payments due under this Lease, and you cannot withhold, set off or reduce such payments for any reason; (iii) You will use the Equipment only for business purposes; and (iv) You agree that by providing a telephone number to a cellular or other wireless device, you are expressly consenting to receiving communications from us, our affiliates and agents (for non -marketing purposes) at that number, including, but not limited to, prerecorded and artificial voice messages, text messages, and calls from automated telephone dialing systems; these calls may incur fees from your cellular provider; and this consent applies to each such telephone number you provide to us now or in the future. ELECTRONIC TRANSMISSION AND COUNTERPARTS. A fax or e:ectronicahy :raismcted sioned version of this ( ease, v. -hen renewed by us, shalt be binding on you for all purposes as it originally signed. This Lease is not binding on us until we sign it. We may a:cep! this Lease by signing, eilher manually or e(ecbcnicaCy. Yeu agree that 'he only version of this Lease that s the original for all purposes is the version ccntaining your fax n, scanned signature and our signature. Th's Lease may signed in counterparts each of which wail x considered an original and * counterparts will ;r= considered and cowinuie one and the same Leese. This Lease ^nay, be retained electronically and you agree that any such dedronic version shall be IuGy cnforceabte wilhout the need to produce an orig,nal: hoveverwe mal request an original signature document. LESSEE SIGNATURE City of Okeechobee Lessee Legal Name X X d z. Auth �ed Signature Date Signed Print �gdefs Nam Print SignePs Title �,r1co Y1 Federal Tax ID Number OP2t. rev teC12015 Pace 1 012 1. LEASE; DELIVERY AND ACCEPTANCE. You agret to lease !x equipment described on the front of Its; lttase agreement r"Lease;fcolgtively 'tcopmentj on dY tern: and conditions shc— on I've front an7 Sack d this lease. Y» agree b pay 00 DOCumanisli Fee will you fist Invoice and Or_ Advanced Paymert when you Sign lin Lease YOU vest arrange to the detvery of to Equpmen to you. When you receive the Equ;rrcnt. you agree to inspect i to determine if 4 is in gaud voting order This Lease is eKecar_ on tic date that if is accMtd all signed by us and the Icon of this Lease Maes on Te Same dab. or a furry date reasonably calculated by ur rCo mrrcnoerrenl Oral The EQiipnen' m5 be decnv_•d ire—ab.y acrepled by you upon Ire ease, o' (a) the delivery to us of a signed De" and Acceptai Certhcete (d requested by us); or (b) 10 days afkf delivery of the Equp.Ten to you d you previously have not given widien notice to us of your han-acceptance. You will pay ns 'nlerrr' ten; born Oe date the Equipment is rdivered to you uibl dee Cormlemernen! Date c*'AalM try rrei6plying duo monthly Lease payment by 1,70^ for each da't outing Ile intern rent period. The W Lease Payment is duo 30 days Ser the Commencement Date. If you accept the EquymeM in accordance vurllh this Section 1, the rem icing Lem Payments wits be Cue cin EY_ day of each subsequent mdnlh (or Such oft� We Period satep on t!r_ tont d this Lease) specdr4 by us You wit make a3 payments required under the lease to us 21 such "as$ as we may specify in wrie g You aUnonTe us b adiusl the Lease PaY,rent by net more than IS% if to actual Total Cash Price (which is YI amounts it have paid in cone bor, min the purchase, dekvery and 051IIJ36OP of the Equipners. IKJadirg any trade -up and buyout amine s) di from the estimated Tota' Cash Price. If a y Lease Payment or Other anaunl payable to us is not pad within 10 days of as due dale, you sou pay US a ate charge ten 1, exceed T%d each late payme^t (bei in noeven:9realer than marimum tart albwaete ,no,, appltatse law). 2. NO WARRANTIES. Vie we leasrg the Equipment to you -AS. IS'. YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE EQUIPMENT, WE DO NOT REPRESENT THE MANUFACTURER OR THE SUPPLIER AND YOU HAVE SELECTED THE EOUIPN,ENT AND SUPPLIER BASED UPON YOUR OWN JUDGMENT. WE MANE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU AGREE THAT REGARDLESS OF CAUSE, WE ARE NOT RESPONSIBLE FOR AND YOU WILL NOT MANE ANY CLAIM AGAINST US FOR ANY DAMAGES, WHETHER CONSEQUENTIAL DIRECT, SPECIAL. OR INDIRECT. YOU AGREE THAT NEITHER SUPPLIER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF SUPPLIER IS OUR AGENT OR HAS ANY AUTHORITY TO SPEAK FOR US OR TO BIND US IN ANYWAY- To the extent tansftritle. we tans'er to you fo� the :t,mt C' this Lease any warnandes made oy err_ mamdac inti or Suopi er under a Purchase eonearw 3. EQUIPMENT LOCATION; USE AND REPAIR; RETURN. You may mi move Or EQupm ew werolt our prior vrtmm cOn-rt noir m b umnsonaby withheld t ase wrserc lit a move. you agree neat you will De lade fat airy uwease In any pm"4 property laxer z a result d that fe'oca5on. M your own cosi and expense, you was ktep the Equoment e69ble for any manufachtizes catifeatom ,n wmatarce .4h all applicable la.,s and in good condition, except for ordnary wear and tear. You aid nit mate any atefa^.'ons, addcons or apfacemens o tie Equip'nent without our prior vmden consent At a4vatcrs, additions and replacements will bdcorre pan or the Equpmtrd and our prop" at nice cost or e.pense to us. We may mspect to Equpmem at any reasonable bone after advance rcI m you. Uri you purchase tie Egipmerl in accordance wish a purchase opCdn granted IS you on the first page of this Lease, wenit 10 days Of the expiration or tis Lean, you wig mmeda e,y deliver mit Equipment m us in good Condition and reps, except b Ordinary wear and fes, to any ,elan: in cite United Saes that we &act you in Our return au:hcrita5on n as good Condition as when you receiued r except la Militant vita' std fes. You fns pay for as ouluaindirg lease payment. tale charges, insurance chrges. aw our tSETated Property tams m she Equipmtra based upon Pre prior yea's actual prop" ax and expenses C! deinsCi sating. shipping. arid insurrg ^e Equipment bac its fue replacement value during chppig. Urtfess we reque5l rchs,n o dirt You rust ,elan DhrsrW pdSseSsion of the Egiprtent thrargn the eat cr rte Inas or any renewal lease term a. TAXES AND FEES. You are responsible bac art sales and use (uteess you pow0e us with an acceptable SNMJ;C Tax exemplon fOrmi, persona property a osier Wes relating to the use or ownership old,. Equipment naw or hereafter, imposed. a assested by any state. federal or local govenmrent a agency You agree to pay when due. a mimayse z to an aces, fires or Penalties iraosed upon the Equipment and awe was you agree M Pay US estTated pnopeaY taxes ewer w.Et each lease pair mem or ar me am of Use lease farm as mate !sly Se: ISM hbren We an de a' sales. use aid msonal property ru ratan; (unless we holly VOL OderMse in wnti We do not have b contest any !axes. Incl of penalties. hp••evef, you mar, do so provided (a) you do so in Ydw oy:n marc am at you erpense. (b) the contest Mll not,esurr in any soft o: ken being placed on Te Egapmert a positivists iedparfia our right in any of the EqugmenL (c) you pay acts bac any, Wes we remitted to the taung authorities even though you may be Cotrt¢stnq Ore tares and Inde" and hold w ham less kr any eapensM. including legs expenses, we ince as a neSUh of such contest I1 we file Such persoral property lax reports, you wa! Fay pfWeat !lass as.r, ad by Is '. LOSS OR DAMAGE. As bcMten you and us. you are responsible for any loss. Neo Or destra;tion of. M came a Cee Equipment (coeecbvey -Loss from any cause a1 a6, whether or no! inured. Ixaa it is delivered b "a: Lase and of this Lease You are rery:acd to make an Lease Permits even ,f there is a Loss YOU must ratty us m vmtng irrrediafely of any lou Than at our, Option. you will either (a) repay the Equpmerd So Ines it s in good Condition eat worl.ng oder, ekgibe for any manufacturer's ealtho :ion, or (b) pay us this Ar mun!s specified ,n Secton 9(b) below. 6. INSURANCE. You are responsible for Instating am )Wn5 the Equipment In good working order. Except for Granary weer aw sear, YOU see respdn ubic tat protecting the Equi erlenl ,from damage and loss of any Sad. If M Equpment is Canaged or iI you agree U Continue, b p:,y pie anount due and b became due hereunder w'.hoW selol M defense. Durig the Teat d tis Agre ent, you jagme dual "vat f1) insure the.0d;merd against as toss M darwge ming us as tis Payee. M obtain fab:dy, and third Parry propety, Carriage -rsurace naming us as an abltoul insured. ants (3) deriver satsraetay ewelem, Cf such coverage with camera. Pokey bans and amount acceptable to US As Polices rust stowle that we be given duty (33) days wra-n rmCe of any materia charge or cancellation It you do not provNe codetnce of acceptable insurance, we ha -w the right but no ebigaaon b dbtan insurance Cowerng Our interest m Lie Equipment lot the lease tern and renewals. Any insurance we detain w,Z not insure you against Chid part) at liability claims and may be CarcNed by us at any tone to tat event we obtain de aboveefesc ibed rnWaroe you wird be required b pay US air addliana amount each month for Me insurance premium and In administrative fee You ]gree that we. or ane of our manta, may make a profit ,n Connection with the insurance vet otrlan. The Cast may be more than the cast of obtaining your Dan insurance. You agree to Cooperate with us, our iswer zed our agent in Uv placement of cordage and wth claims. If You later panda us mtn evidence that you have obtained aCcepta:ae istrance we wa andel IM nswance we obfartee The insurance ere obtain (1) wit ria name you as an Insured, Wdilonal idsured. or lots payee: (2) .,If not prtwde, you with I. W/ intura tie: (31 my ,tor icer any dads than you r of d: (4) wall nos pay any clam recede against you: and 15) may b canrt6ed M Se a my mite. 7. TITLE; RECORDING. Unless you we given a S i 00 puttYsise operon, we ere Ile cv,mf or aw wia hob title td the Equipment He rrcver, ,f ycu are ¢ver a SI.00 prschxe option, you agree that 041 transaction s a ease •ntMed for security and you gran: w a Security triteness in dee Equipment (inctudn3 any repta emems, subsbhrtions, additions, attachments and Flecee 1s). Yea will keep the Equipment free of al Bents and erwnbrances YOU AUTHORIZE LIS TO FILE, FINANCING STATEMENTS COVERING THE EQUIPMENT. a. DEFAULT. Each of tie fdnovwng is a'Deauh' under ma Losse: (a) you fat to pay any Lease Payment Or any older paymenl w•drni 30 days of is due dale. ib) You do not perform any or yaw other obligations under tis Lease M In any other agreemeni wth us or hent any d our albums and this lalure cant nues fat 30 days after we nave roofed you of rt (c) yo_ become ,nSMrenl ycu msuve, you assign you aures for the beneN of yaw creditors, you W. eanslen M otherwise dispose of a of subslarnbey ale of your asset. a you enter ;volurvarey Or ,nupiun iT/ a^y bateuuptcy or marganaatOn proceeding, (d) without our prior written Consent, winch will rot Dt unmasonablY whn,^eld a delayed, yew merge a con first a with any other entry, and you aue not me Sutiwor of Such merger or consobdaxn, a (e) ary 7uasnts, at tis Lend dies, does enol pedant r Obligations unit& N•e guarony, a becomes subj_W to one or the euens hated in Clause (C) of Iris Section 8 C REMEDIES: Ir a Otfaue occurs, we ,ray do one a mare or dee fosdeing (a) we nay Cancel or ternanae thus Lease and any M al! other ayteemertl than we have entered iib with you: (b) w4 may feqjke you b ilenedratey Pay us, as c0mpcnsa5oa Ir Ions of our bargain and no: as a penalty. a arm equal to (,) the present value of an unpaid Lease Payners ref Lie remand& of ft lemt pus the preset vauo d ow mbcipaled residua hnterel n the Equipment each discounted at the finw cf (f) to yeti iippcit u me Lease. a (2) 4t: itis year, plus (a) past due nlem-M at me rale of Ir. per annuli Plus (it ar bthc a—unt; due and to become due ender ars laze. (c) wr may require you to de'ner Ire ECuipmenl to us as set loran to Section 3: (d) we or our agent may peaceflity repossim the Equipment wrtout corn order and you will no; Take any dam against us for damages a trespass or any differ reason. and (e) we may exercise any ether rght Cr re:Tedv avaaatie a! Ian M in equity. In the event of A dispute arising out of this Lease, the prevailing party shat be entitled to is reasonable collection costs and atorrey, lees and costs incurred in enforcing or defending this Lease. II we Ire possession of the Equpxnt. we may Sell Or cetera se dSPO W Gf it wit: a wahout no"e, a; a pubo or Cate sa.'c. arc apply dee ne: proceeds (direr we have deem:±d ap costs fdavd mate safe c• Crsposltcn or rant FgJpmem) v C.r• amounts that you are l's. You wa Rita, respongble la any am,," that re due ane, vt ham appved curer net proceeds YOU agree that if hOXe M sYC is fegvfed by la', to be g,ver. to days notice shall contrite reasena lee notice If sox dtlay a (eq to "force my of cur ryhs under this Lease, vre n, : still be enbUed b enlace those rights at a law bw 10. FINANCE LEASE STATUS. You agree taX it Artcle 2A Lease. Of the Uniform COmmOiC a! Code aOpli s b Lis Lease. this Lease vwit be consult red a'Ni ce lease' as Chad term s defined „ Andt ZA By sighing this Lease. you agree that either (a) you have reviewed, approved, and recenec a copy of the purchase wntract s (b) that rive have afa mad you of the ideWry of Ct Supplier, thal you max have rICM tracer cry purchase contract and Eu: you may contact the Suppliv for a descnpma of =a rights TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON LESSEE BY ARTICLE 2l:. 1t. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL. TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS LEASE, WITHOUT OUR PRIOR WRITTEN CONSENT. WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD. We ray, sr.C1od no5fyirg YOU. SO, Asgn ortransfer this Lean and oa righs n the Equpneh; You agree Stat Ute neer dame wsa trete the same rymt aw bene5s final wt, nave nOy under this Leaseout not our obligaec•s, ,,hch we wit remain responsible for The rig% d the near owror all not be subject U any claim, defense a 5410 that you may have against us or ft supplier. 12. PURCHASE OPTION; AUTOMATIC RENEWAL It no Default has o=,Ted and C Contnunp under this Lease, you w! have lh^_ option at the ew d the Akar o any renew al tens to prchue cell (but no; less than III of Lie Eprpmert at t- Purchase PurcJhase Option Prce Show, on the front of INS Lease, plus any appfcahle bases and it the purchase occurs after the ("Credit date for any persona' property hue•, on tat Eguipmcrl you agree to pay us the eserruted propry has based aPOa lie prior Yea''3 aCma p•OpertY W. Unless the Purchase 0l;u3n price Is St, you nutsl give u at least 90 can 0,0.. m mere mm 160 days w•ricen notice before 0he ew d dr. iretal kale arm. of 30 days prior m the ew d any renews tens. Lnal you was Mlles purchase or rebxn the Egurpmeh: b us. It you do r4: gvb rc suer. written rote or, rani ,• given such note, d you dd Tal purchase or deliver Lie Equipment in accordance with the terms of this Leat. ors Lease wise aWMSatea y rtre:w for an inner, 3 Tang, renewal tern and dttelher for SUC,tosNe arc nimb lames unless and until you give Its the 30 day notice and eller purchase Or deliver the Equipmeml tc us. Each month during such renewer lerm(s) Lie Lease Payment wt remain the. same. J your payment IYoue,cy ie monitory your payments during mrii remain the sone. If your pavmtal frequency is other than rnoMdy, den your renewal payrnants Sher be the mrshly equvaent of yes periodic payment amount. Vie may cancel as arAio UYV renewal term by sendrg you 10 days pro tm;ter, note. If Ore Fair Manttl Vaex Purchase Option has been satecled, wt will use our reasorabe ardgment te deteminc the Eltupmerts Fair Market Value as Cort6guyed, in pace and soared You agree that Far Market Vale s the arnount that may reasonably be tuecled for the instated Equipment in an exchange between a wih:rg buyer and a wit -N seder, including wets fit make the Equpmem hity ownoral If you do not egret, with cur dell, a5en of the Equipments Faf Market Vaue, dx Fan Makes Vase wit be determined at your expense by an independent appsrseh mu;ualy awepledt as you and u; Upon payment of Lha Purchase Option price. we shall transfer our mite ati in the Fe upmeM to you •ASaS, WHERE -IS' without any mprewnx;on or wanany whatsoever and IM Les Ma terminate 13. INDEMNIFICATION. You are responsible for any losses, damages, ptnatbes, claims, suds and Xbons (ovii ely 'Clams. ydxthLr based an a dtecrY o.' Strict faWey or Wvwise caused by a related so or in Any mmrU f wa,ng from the Equpment You agree b reimburse us let and it wt request. b CermO as agarol any Claims, except Clears caused by Our MUIW miscpWCL You a7,ee than YOU: obligalMs it,, Itis Sextan 13 and Section d shat sure— cr teminalon or Ins Lease fa Clams anseg Cuing the lean el ars Lease. 1e. CREDIT INFORMATION; FINANCIAL STATEMENTS. YOU AUTHORIZE US OR ANY OF OUR AFFILIATES TO OBTAIN CREDIT BUREAU REPORTS, AND MAKE OTHER CREDIT IHOUIRIES THAT WE DETERMINE ARE NECESSARY. You agree to provide us copies of yaw balance sheet, ,come wear and Omer financial r.a" z at nWr reasonably request 15. SOFTWARE. The Products pvw4ed hereuwer may ,neudd certain Software nmbedied. M loaded on the Egx4 ^ nL that you agree to use conusten: srlt ft undcoyrg sol -were License granted to you ander you purchase contact You ackrfaslt"e! ass uch Software enhrtces tie vafie of Lase Froducs W?We required by Lie Software Owner. You agree to execule a separate license agreement with ate owner bac tv, use or the Software (•License Agfeent-MI We do not have any obligations under the License Agreement. fdawtYer, you have varied us dawn nghs under t'us Lease on whiem the SDhwat is balled and agree to no remove any sotwarn winmu our WmliwJ, C,,,Wj Except as expressly motifcd by itis r ..don 15. ah tat aims avJ wndwn: o' Lacus Lease shat ape'l Unit Spnwarc including. without knua cat Section 2, 16. DATA SECURITY. Sore M al d the Gems of EQuipmem •emmed to us at any time may cun:ana sensesm "byrnaton Or data belonging to yaw agariritan. a you'CufbmtfnmWpadln5. male emfed, r"Ceet, or in any way m^uned wthin son rue Equipmem You specifically agree that bebre the Equ ornenf es slipped to M me—" by us or Ca agents, a rentoxd by a Supplier, you will, at you• sac cent aid expense. pemtarcnGy, designer. delete and farrow all Such infomabon and data road o shred, recorded a in any way Contained within of on the EquanenL to ere extent that hrtyer recovery at any of such data and m5lrmaton is not possible You have Lex sae nespdnstbiuly b So defray. delete, and minose air data and m10frabo, --bred m or dm Lee Equipment Vie have absMutly no liagsry for any data or nfornuOon that you fail to so destroy, delete. aid remove. Li hard dives aM drier dna reonter corponents mast function as onginaly Imaged after data removal 17. MISCELLANEOUS. (a) Choice of Law. This Lee- and ant clans. controwrses, disputes a causes o' actor (w4the+11 cis tact Will Or etherw1se) show be governed ConSbaed, and Maud in accordance won Feekfa lam am the trona G! etc State of laevi• Yoh. (widnu « grit o rte canlfG Dr ams oacipea of such sur=) The Partes consent o to )visFrton of arty wort txated Mutein ole Sta:e df Nem Y&k, aw waive any dbjec0on reaerg Ip moonier vmr_ a MNUT non conveaiens. (b) Jury Trial. BOTH PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS LEASE. Should the above jury trial waiver be found unenforceable. then. upon the vninm request of any party, any dispute, Including my arid alp. questions of taw or fact relating thereto, shall be Columned eaclau"ly by a judicial mlerence prmffcrng In accordance Mtn Cif. Civ, Prot. Code 1633 N seq. a, In, aPpbcabl. state's equrvakm sate aw. The parties 0.11 select a retired state or federal Judge as the retrue. The retrec shat report • statement of decision to the Court (c) Entire Agrt:menl The Lease constitutes Ire enure agreement berweern you am us and supersedes all trust agme,rvenm (d) Enforceability. If any incision G this Lease Is nlRfdaCPade. il"N Cr mvX< the remairug prcwsiarts Thad comtnut rig be emectve. (c) Amendment. Tris Lease may, mit be modified a amerced except by a renting signed by you and Ins, either anualy or Olotrancady. You agree howdy, that we are auth&iced. vnnhosn noxe to You, it, Suppiy mrsLng nrOrmaton Or coned Obvious errors in the Lease. Such as send sabers. M Centel typographical. xmaterai, or obious errors in this Lege provided that such change toes rot materially alser you obrgatioif under this Lease. (f) Notice. As notces shat be in writing and she be delivef" to M appropriate parry persdiauy, by pnvaie wooer. by facsmle transmission. or by roan, pottage preps, at its address shown to min a to &U h other address as, directed in wasting by such Pry. (g) Usury. II is the express nkre,, tin both of us not o Yolale any appircab!e usury laws a b exceed the minimum amount of intrust permuted to be cnaged or coleckd try applicable law, and airy thereafter excess paymenl wa be aPPhe(Ib the Lease Payments in inverse orderdmaturry, and any remaining excess tril be refunded to you Ih) Repayment. Prtpaymenl Or early lamination is not pemived except a: such Cone and on such tamis and conditions as Lessor may agree in ming. (I) NSF. We may as0 charge you $25 DO b each returned creek Or •1 an ACH debit is Not honored by your bark. (j) Restrictive EMo:semems. You agrw Una airy ms!rktive endorement (such as 'payment in tub'. Sera parrient'a OthUwmse) ah any check Sub led in Portman; fa the Least Shall ha:O no 13ce and elect and that we my cash trc cn d and appy N proceeds wahou' prejudnt to our rgns and , Iris Lease. (h) Punctuate Orders. You agree triad any purchase, Orders Mixed t/ you in con)unetort won this Leu ac ,ssued Wc:y lig yaw aCiirvsb:✓.e p iTostes and no terns or pwitiors wmained in the purchase aider wit charge or noddy the lemns and conditions of this Least 1 OP200 rev 09012015 Pagc 2 0l 2 Lease Agreement Addendum (Florida) CUSTOMER Lessee Name Lease # Annual Rate of Interest INFORMATION CITY OF OKEECHOBEE % Billing Street Address/City/State/Zip 55 SE THIRD AVE, OKEECHOBEE, FL 34974 This Addendum supplements the provisions of the Lease Agreement identified by the Lease Number specified above ("Lease"). You and we make this Addendum an integral part of the Lease. Capitalized terms used in this Addendum that are not defined will have the meanings specified in the Lease. If there is any conflict between die Lease and this Addendum. then this Addendum will control and prevail. 1. Title. We will hold title to the Equipment. If (a) you have not terminated this Lease in accordance with Section 3 of this Addendum and (b) no Default exists, then upon your payment to us of all Lease Payments, the Purchase Option or Residual Value and other amounts due under this Lease, at the end of the term of this Lease, you will be entitled to our interest in the Equipment, `:AS IS. WHERE IS," without any warranty or representation from us, express or implied, other than the absence of any liens by, through or under us. This Section 1 replaces the first four (4) sentences of the section of this Lease entitled "Title; Recording". 2. Funding Intent. You reasonably believe that funds can be obtained sufficient to make all Lease Payments and other payments during the term of this Lease. You agree that your chief executive or administrative officer (or your administrative office that has the responsibility of preparing the budget submitted to your governing body, as applicable) will provide for funding for such payments in your annual budget request submitted to your governing body. If your governing Body chooses not to appropriate funds for such payments, you agree that your governing body will evidence such non -appropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it adopts. You and we agree that your obligation to make Lease Payments under this Lease will be your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. If a Default occurs, anyjudgment obtained against you will be enforceable solely against revenues allocated by your governing body for such purpose. Nothing contained in this Lease will be interpreted as a pledge of your general tax revenues, funds or moneys. Regardless of any other provisions of this Lease, no ad valorem taxes are pledged to the payment of any amount due under this Lease. Also, all amounts due under this Lease will be paid only from funds arising from sources other than ad valorem taxation unless one of the following conditions is satisfied: (i) you are a county and the term of this Lease is sixty (60) months or less; (ii) you are a school district and the term of this Lease is twelve (12) months or less; or (iii) you are a municipality and if you are a home rule city, your charter does not prohibit the payment of amounts due under this Lease from ad valorem taxation revenues. This Section 2 is added as a new sequentially numbered section of this Lcase entitled "Funding Intent". 3. Non -appropriation of Funds. if (a) sufficient funds are not appropriated and budgeted by your governing body in any fiscal period for Lease Payments or other payments due under this Lease, and (b) you have exhausted all funds legally available for such payments, then you %vill give us %vritten notice and this Lease will terminate as of the last day of your fiscal period for which funds for Lease Payments are available. Such termination is without any expense or penalty, except for the portions of the Lease Payments and those expenses associated with your return of the Equipment in accordance with Section 3 of this Lease for which funds have been budgeted and appropriated or are otherwise legally available. Upon such termination, all of your rights and interests in the Equipment will vest in us. This Section 3 is added as a new sequentially numbered section of this Lease entitled "Non - appropriation of Funds". 4. Choice of Laty. Regardless of any conflicting provisions in this Lease, THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA (WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES OF SUCH STATE). LessLuso CIT Bank, N.A. 6-L" J l Autha Signature Auth ri inarurc tint NameTitle Pr' Nam & Title 1 t -13.5i_-1 cl 1 Date Date e(4) Document Solutions, LLC Customer Name & #: City Of Okeechobee Acid to Contract: CONT3968-01 Overage cost/copy: _-099BW,079 Color auj7q o 07 Maclaine Type Kyocera Model#: TA3553Cl Serial# RFE9301567 Start Meter Black Color Total ID # Ship To Phone# 863-763-9820 Address 55 SE Third Ave City Okeechobee State FL Zip 34974 X Platinum Coverage Protector Serial# Machine Type Model#: Serial# Start Meter Black Color Total ID # Ship To Phone# Address City State Zip ❑ Platinum Coverage Protector Serial# Machine Type Model#: Serial# Start Meter Black Color Total ID # Ship To Phone# Address City State Zip ❑ Platinum Coverage Protector Serial# Machine Type Model#: Serial# Start Meter Black Color Total ID # Ship To Phone# Address City State Zip ❑ Platinum Coverage Protector Serial# Initial: f) ❑ Additional Equipment (See Schedule A) Version: 11/1012015 Patty Burnette From: Miles Mcgrath <milesmcgrath@egp.com> Sent: Monday, July 08, 2019 2:32 PM To: Patty Burnette Subject: RE: New copier Thanks for the note Patty I am working on the executed Lease docs I should have them this week You initialed the contract add on for the maintence so you are good on that the terms are still the same. You do not need to pay the CIT bill from June 25u' You do need to pay the new invoice on the new unit The mail sorter is here and will install this week I will remind my tech to get with your IT folks and figure out the Scan to email. From: Patty Burnette [mailto:pburnette@cityofokeechobee.com] Sent: Monday, July 8, 2019 11:54 AM To: 'milesmcgrath@egp.com' <milesmcgrath@egp.com> Subject: FW: New copier Importance: High Good Morning Miles. Was just wanting to check in on a few pending things with the new copier. I am pending executed copies of the Lease Agreement and Addendum from CIT Are we signing a new agreement with EGP? Last one we have is dated 1/29/15. On June 25th I received an invoice from CIT for the old copier. Do I pay this or not? Today I received an invoice from CIT for the new copier. I am assuming this is the one we pay? Still pending the mail tray sorter Still pending the scanning to email function to be set up. Thank you for following up on this and I hope you had a great vacation. Fa,tf M. Tat wo-e f -& C.jera.ercit Services Cooa-dinator i Patty Burnette From: Miles Mcgrath <milesmcgrath@egp.com> Sent: Thursday, July 25, 2019 11:59 AM To: Patty Burnette Subject: RE: Correction on document I sent it to Lauren she will correct it in our system. From: Patty Burnette fmailto:pburnette@citvofokeechobee.com] Sent: Thursday, July 25, 2019 11:16 AM To: Miles Mcgrath <milesmcerath@eep.com> Subject: RE: Correction on document Miles i don't see any attachment? Patty M. r3t/-rKzffe- CjeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd `Avenue Okeechobee, TL 34974 r'sC 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-n2aiC b6urnette@citmofokeecho6ee.com J we6site: WWW.cituofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Miles Mcgrath [mailto:milesmcgrath egp.com] Sent: Thursday, July 25, 2019 9:49 AM To: Patty Burnette Subject: RE: Correction on document 1 done From: Patty Burnette f mailto•pburnette@cityofokeechobee.comj Sent: Monday, July 22, 2019 8:55 AM To:'milesmcgrath@egp.com' <milesmcgrath@egp.com> Subject: Correction on document Importance: High Good Morning Miles. Jackie told me you stopped by Friday and took care of the couple things we were having trouble with. Thank you so much. One other thing .... When I was looking over the form I signed for EGP for the cost of the black and white and color copies, I noticed it was different from the one we previously have. I believe you had told me the costs were the same? Would you please correct the attached form to read what we are currently charged? Black and white .0079 Color .07 If you should have any questions, please just let me know and thank you again. Pa4-tq M. 13v rkL tee Cj. eneraC Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 T'e[ 863-763-3372 Direct: 863-763-9820 Fax: 863-763-1686 e -mad j26urnette@cityofo�eechobee.com website: www.cituofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing.